Legal question regarding pre 1986 full auto MGs

[uniballin]

Just a hypothetical here... I always hear about people moving into old houses and finding cool stuff.

Let's say someone moves into a house and finds a bunch of WWII machine guns stored in the attic. If said person wants to sell these guns, what legal tape would this person have to go through?

[Kramer]

First, you need to find out if they are legally registered NFA firearms. If there is no paperwork found with the firearms you would need a lawyer to contact the BATFE and find out if they are in the registry. If they are not registered then they are contraband and can not be registered.

[mojo]

+1 ... If they are not in the registry, possession is a felony. I would find out ASAP if they are in the registry or not. If not, torch cut the receivers and turn them into parts kits. You can then sell the kits.

[Azzy]

+1 ... If they are not in the registry, possession is a felony. I would find out ASAP if they are in the registry or not. If not, torch cut the receivers and turn them into parts kits. You can then sell the kits.

Its the law, and I would follow it, but find it absolutely disgusting that a person is not protected against an inevitable unreasonable seizure and persecution, by a tax agency, in regards to historic and valuable items such as these.

[GunLawyer001]

Whether these are registered or not, they sure as Hell aren't registered TO YOU, so your possession is unlawful. You DO NOT have the luxury of calling around and figuring out how to salvage these, the only safe approach is to put them into the hands of law enforcement and hope that someone will try to determine the owner.

Ideally, your local cops will interpret the UFA to oblige them to treat these like any other "recovered" firearms under 6111.1. Then they can call ATF, determine the status, figure out how they got where they were found, and perhaps reunite them with the owner or his estate.

But you can't make them legal in your hands. Even if registered, they have to be tax-paid and approved before the previous owner can transfer them to you.

The penalty for unlawful possession, even without any proof of an unlawful transfer, is severe, and will cost you your firearm rights at a minimum.

[YosemiteSam]

Its the law, and I would follow it, but find it absolutely disgusting that a person is not protected against an inevitable unreasonable seizure and persecution, by a tax agency, in regards to historic and valuable items such as these.

Welcome to our Benevolent and protective Big Brother government.

[mojo]

Its the law, and I would follow it, but find it absolutely disgusting that a person is not protected against an inevitable unreasonable seizure and persecution, by a tax agency, in regards to historic and valuable items such as these.

Agree 100% .. I'm just giving advice based on the law. Not saying that I agree with it.

[whoshisface]

If I discovered a pirates chest of spanish gold, stacks of cash, or just about anything else valuable in my attic I'd keep my mouth shut.

[mojo]

If I discovered a pirates chest of spanish gold, stacks of cash, or just about anything else valuable in my attic I'd keep my mouth shut.

10 chars

[GunLawyer001]

If I discovered a pirates chest of spanish gold, stacks of cash, or just about anything else valuable in my attic I'd keep my mouth shut.

There's merit to that, as long as it's not something of value that rightfully belongs to the widow who owned the house previously.

Sadly, NFA firearms actually have negative value to anyone except the registered owners. Finding them is a lot like finding drums of hazardous chemicals in the basement; if the government finds out that they are there, you are in for an expensive and unpleasant ride.

Since I have a fiduciary relationship to my clients, I can't suggest that they just go for it and bury found MG's in the garden. It's a lot better to have a shotgun that you can legally own, than an old Thompson or MP-40 that will send you to jail and forfeit your gun rights.

Parts kits have value; that's as far as I'd even think about going with contraband weapons. And if it was likely that they were registered and part of an estate (an estate can be re-opened years after death), then I'd do what I could to get the assets back to the lawful owners. A widow could do a lot with the thousands of dollars represented by registered MG's, whereas the value of some furtively-buried contraband that could land you in jail for 10 years and cost you fines equal to a new home, is dubious.

But yeah, I often wonder about the people who tell the media about finding a bag of coins in the wall, or a pile of guns in the woods. The law sort of requires that you turn in found items of value, but it's always surprising when people do it.